All rights reserved. Both parents were verbally aggressive and physically violent; the home was tempestuous and unstable. Above either parent’s wishes or rights, a court wants to know that a child is emotionally safe and comfortable with visitation. In short, the child had one stable home; instead, it was the parents who bore the brunt of constant change by moving back and forth. When your child does not want to come see you, the primary concern should be how to deal with things. Your custody … A 16 year old is a completely different story. The “off-duty” parent lived in the new house. Court’s are used to allegations from some custodial parents that the children don’t want to go for visitation, for various reasons. Suite 1100 Although the police made some attempts, they did not persist. The CFI will talk to the children, assess the relationship between them and the other parent, and report to the court. L. (N.) v M. Courts recognize this as well and once kids reach their mid-to-late teenage years, courts will often factor in their wishes when dealing with visitation. The court also recognized that statute law has generally preserved the personal autonomy of minors under the age of 18 (for example, 16 year olds have an independent right to apply for and hold a passport (Canadian Passport Order, SI/81-86) or a driver’s license (Highway Traffic Act and O Reg 340/94, section 12)). (R.R. The order further prohibited communication between the sons and the mother (or her extended family), and between the sons themselves. For the first few months post-separation, the sons occasionally saw the father; after that, they had little to no contact with him. Likewise, in instances in which the non-custodial parent has been absent for long periods of time and is, now, expecting to just pop back into the picture, it also appropriate to seek reintegration therapy to be ordered by the court. You don’t want to run afoul of court orders and subject your self to a wide array of legal problems. and M.B.B. As such, reintegration therapy will generally be the first, and hopefully last, step. The court therefore ordered that no person has rights respecting the custody of or access to either of the sons; that “each of the sons is his own master in that respect”. Forcing the child in a non-therapeutic setting can only make things worse, particularly with teenagers. They could serve as witnesses should the issue be brought to the court’s attention. Broomfield, CO 80021, 7900 E Union Ave Whether you’ve divorced or you’re legally separated, if you’re a parent you need a custody order.Parents can work out their own arrangements regarding custody and visitation with a judge’s approval. Should they force the children to come, knowing they don’t want to? You might have people around, such as family members, prior to the child going so that they can see how the child is reacting to the notion of upcoming visitation. Whether the sons were acting under the influence of the mother’s alienation, or acting independently, they were demonstrably unwilling to cooperate with the custody order. On the other hand, if all you need to do is to encourage your ex to actually do the visitation, then why not file a request to modify child support based upon you having him 100% (or practically 100%) of the time? The court evaluated children’s general rights at common law and under legislation, noting that section 65 of the CLRApreserves the common law right of children aged 16 and over to withdraw from parental control and live on their own or with another person. The parent/child relationship in one case will not be the same as in another. If your child is expressing a lack of willingness to go for visition, you should immediately start communicating with the other parent. I am however, a divorced mom, a high school teacher of at risk youth, and a family mediator. The mother motioned that the order be changed, and that she have custody of both sons. The custodial parent may be alienating the child from the other parent. I’m Unemployed and My Alimony is Ending, Can I Extend the Payments? The legal presumption that the Standard Possession Order is in a child’s best interest does not apply when a child is younger than three years old. You can tell a 5 year old what to do. Attorneys see all types of cases related to child issues, this includes divorces with children, custody cases, cases involving modification of visitation, cases involving enforcement of existing visitation orders, and contempt of court cases. The court concluded that the alienation of the sons and their consequent voluntary refusal to maintain contact with their father does not amount to such unlawful withholding, and thereby does not warrant police enforcement. The non-custodial parent is left in a postion of wondering what the right move is? , 2020 CarswellOnt 9478 . Often times, the non-custodial parent will be left with no real explanation other than the other parent saying the kids are “angry,” “afraid,” “bored,” “don’t like your new spouse,” etc. For both the custodial and non-custodial parent, keep in mind that with different ages come different challenges. Removing a Spouse’s Name on a House Mortgage After a Divorce. If parents aren’t able to agree, a judge will make a visitation and custody order based on the child’s best interests.. The “off-duty” parent lived in the new house. Aside from situations in which a child is resisting parenting time, this type of counseling is also generally deemed appropriate by the courts in situations in which a parent has been absent for long periods of time. They relied on section 65 of the CLRA and asserted that they have the right to withdraw from parental control, and have done so. The court noted that it is important for all orders made under section 36 of the CLRA to contain an expiry date, and for courts to adequately and appropriately assess the time limit when making any such order. After learning of the terms of the order, the sons refused to go with the father, and further refused to participate in reunification treatment. Virtual Visitation in Parenting Time Schedules, Tips on Negotiating a Holiday Visitation Schedule. This field is for validation purposes and should be left unchanged. The parents shared custody by taking turns staying in the original family homestead. Remember, children are smarter than you think. Parents on either side of the equation should keep the age of the child in mind when drawing conclusions about the other parent. Counseling in these types of situations can come in many forms. Making a parenting plan for a 13 to 18 year old A parenting plan for a teenager has all of the information of a basic parenting plan , but it is customized to fit the needs of a 13 to 18-year-old. Neither parent or child may be willing to change their positions or behaviors. It is appropriate for you to want to know that your children will be emotionally okay with abrupt, renewed contact. ), 2016 ONSC 809 This case deals with whether a court should continue to order custody or access (with or without police enforcement) where an alienated child is over the age of 16 and refuses to have any contact with the target parent. Their presence should be casual and not obvious to the child. Their child, a little girl, stayed on in the old house, now in the father's name. Greenwood Village, CO 80111, 10901 W. 120th Ave A custody order is a determination by a court that provides the rules on how parents who have been divorced or separated can exercise legal and physical custody of their children and exercise the right to visit the children. Thank you for this question. Parents on either side of the equation should keep the age of the child in mind when drawing conclusions about the other parent. The order also required the sons to attend a “workshop” in order to restore their relationship with their father. First, let me tell you, I am NOT a lawyer and I cannot give you legal advice. Parents on either side of the equation should keep the age of the child … ©2020 Plog & Stein P.C. The court further noted that when considering whether to order police enforcement, courts are to review the factors found in Patterson v Powell, 2014 ONSC 1419: Custody and access orders generally require police enforcement only if “any person is unlawfully withholding” a child, or a person “proposes to remove the child or to have the child removed from Ontario”. As such, the key to figuring out what is going on is counseling. A 16 year old is a completely different story. This case deals with whether a court should continue to order custody or access (with or without police enforcement) where an alienated child is over the age of 16 and refuses to have any contact with the target parent. You can put him or her in the car. The parents shared custody by taking turns staying in the original family homestead. Visitation Basics. With children this age, it is better to take things slowly, with the hope that they will see the light and come around once they reach adulthood. Will the court do anything? Is the other parent doing something to influence the childr not to come? Their child, a little girl, stayed on in the old house, now in the father's name. However, Mr. Plog is known to be in and ready to meet with clients as early as 6 a.m. We are also able to accommodate weekend or evening appointments in special circumstances.
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